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Rafael Omar Gomez

Rafael Gomez’s Answers

136 total


  • I was rear-ended "through" a third car, person at fault is under-insured for total damages, what are my options?

    After having to suddenly stop, the driver behind me, who was able to stop, was rear-ended and apparently bumped into my car as well. I was told by the other driver's insurance that my car was a total loss and that the policy-holder's coverage woul...

    Rafael’s Answer

    This sounds like it is a property damage issue only. In which case you will likely have a hard time finding a lawyer to assist you on a contingency basis. If there is a personal injury component, then most lawyers assisting with that claim will also work with you on property damage. If you are interested in handling yourself, and a reasonable offer is not made by insurance company, then you can pursue small claims court if value of car is under $5,000.00.

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  • Where can i find a slip and fall injury( no surgery need) ?

    I fall in a parking store parking lot, it was some tipe of grease or oil. I strain my MCL and due to this im losing income, i was about to be hire and that is lost, besides i still on physical therapy. Store insurance just offers me $1000 out of p...

    Rafael’s Answer

    There are a lot of personal injury attorneys in the area. Slip and fall cases can be difficult and require good investigation from the beginning to ensure you are able to obtain a recovery of you were injured. Contact someone as soon as possible for a consultation to discuss your situation.

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  • My wife died from being given Coumadin when she was not supposed to be given any blood thinners, what can I do?

    After surgery, they stopped giving my wife blood thinners because of a internal blood ball 6" in diameter and blood in her stool. They said they would not & could not give her anymore blood thinners. She was doing well for 3 weeks with no thinners...

    Rafael’s Answer

    I am so sorry for your loss. You should contact a personal injury lawyer on your area as soon as possible to discuss your options. Most offices, as mine, will provide a free consultation and can meet you at your house or in the office.

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  • I was unjustly fired while on wc as a UAW autoworkers member do I have grounds for a lawsuit. I worked American Axle&mfg buffalo

    My region 9 reps did not file a grievance on my behalf

    Rafael’s Answer

    You should consult with a lawyer to review your situation. As a contract worker the union contract will dictate whether you have a viable claim or not.

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  • My husband received a severance package and we need to talk to lawyer about it

    We were told to contact a lawyer by the personal rep. I am thinking due to age discrimination. He is 60 and plans to retire at 62. He works in the IT field. He has worked with this company for at least 17 years

    Rafael’s Answer

    This is a fairly typical request as most severance packages will include language releasing the company from any liability arising out of the employee's position elimination or termination. There are time requirements required by law for certain employers to allow the employee to decide whether to accept the severance or not. I would recommend you schedule an appointment with an employment lawyer to review the agreement and discuss options with you.

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  • Got hit by car while biking over weekend. I fractured my ankle and they performed surgery immediately. No fault question.

    100% liability on part of guy who hit me. Witness confirms the police's determination. So the policy of the driver has a 25k minimum policy. I am screwed :( Will the policy pay out the $50k through no fault and then an additional $25k pe...

    Rafael’s Answer

    You have presented very good questions. No Fault and liability are separate, even in a case like this where the offending driver's carrier is paying your bills and reviewing your claim for personal injury. There will be two different adjusters assigned to the matter with different responsibilities from your claim. No Fault will only cover up to $50,000 of medical bills and expenses, mileage and lost wages. If the policy has additional personal injury protection then there may be more coverage if that is exhausted, but there will be a right of subrogation against any recovery you may obtain. I would advise you contact an attorney to help you evaluate your situation and what recovery may be available to you. Do not forget to check if you have SUM coverage under your own MVA policy.

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  • I'm a physically disabled senior citizen woman who was crossing West 100th Street at the corner on Sept. 26...a car did not

    ...observe stop sign, turned, accellerated, and went straight into me, knocking me off my mobility scooter onto the ground. I was taken in an ambulance to Mt. Sinai and have a broken rib and mild concussion and am in constant pain 24/7. Driver sa...

    Rafael’s Answer

    I am sorry for all you are dealing with from this accident. A personal injury attorney will work with you to make sure all of the medical bills are paid and to pursue a claim against the driver. You should consult with an attorney as soon as possible. Good luck.

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  • My wife got three fingers crushed & half cut off

    she has a comp lawyer whose pourpus is to just fight to determine how much she gets paid no weekly from comp is he also entitled to a cut of the final settlement should I not settle & get a high profile lawyer from tv & fight for mor...

    Rafael’s Answer

    A lawyer is not better because he or she is on tv. If you are not happy with your current attorney then ask around and get a referral for a new attorney.

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  • Can I file a medical malpractice suit against an oral surgeon?

    I was referred to the Oral Surgeon for a tooth implant. He performed 2 surgeries prior to placing the implant and 3 more after the implant failed. I have extensive bone and gum loss to the adjoining teeth, and still no implant. I went to see a...

    Rafael’s Answer

    I am sorry for the terrible situation you are dealing with as a result of that treatment. In order to evaluate your case you should consult an attorney as soon as possible to review the records and speak to your new dentist. If there was a deviation from the acceptable standard of care and you were injured as a result then you will have claim.

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  • Do I have a case sister dies from a botched up surgery

    When it was done she was told that she had to have a bowel movement she never could go so they sent her home and she returned because she was in a lot of pain when she got their she was half checked then was sent home again the Dr. then checks and...

    Rafael’s Answer

    You should consult with a medical malpractice attorney. These types of cases require a close investigation and the proper experts to develop.

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